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foremost on mutual values and lofty moral mutual self-interest. Similar to the United encourage them not to act on animalistic
and spiritual ideals (Orot Yisrael 6:7). Nations’ Universal Declaration of Human instincts, but rather on moral conscience,
Rights, the Constitution of the United to aim to do what is right rather than what
An everlasting bond States speaks of the “unalienable rights” is convenient, and to be driven by values
to “life, liberty, and the pursuit of happi- and not by expedience (Mussar HaMikra
The biblical covenant is an everlasting ness.” Human law enshrines rights, while v’HaTalmud, 36).
binding agreement. Those who commit Jewish law focuses on responsibilities.
to it enter a new entity of unparalleled In short, a legal system rooted in human
dedication and commitment in which the Fascinatingly, nowhere in the Torah is consensus alone is a collective effort to
other is the focus. G-d binds Himself in an there a specific focus on individual rights. ensure the protection of individual rights
eternal bond, a divine contract, as a party Throughout the Torah, though, there is a – to guard against mutual harm. This is
in an agreement that He is bound by. A brit focus on duties and responsibilities, epit- very noble, and the Western world has
is not only something that binds G-d to a omized in the 613 mitzvot. In the Torah’s done much to advance the dignity of all
people and the Jewish people to G-d, but perspective, all individual rights stem human beings. But the Torah requires
it is something that binds all Jews across directly from the personal responsibility more. The aim is no less than a heavenly
generations. Even those yet to be born are that the Torah places on the individual. If society collectively committed to the ethic
committed to this bond. I am personally responsible for my moral of personal responsibility – a life of per-
behavior and called upon to act with lov- sonal and communal spiritual transfor-
Multiple covenants appear at every critical ing-kindness to others, then ipso facto, I mation in which individuals proactively
juncture of Jewish history, always rein- and all others have inalienable individual partner with G-d in creating a better and
forcing and expanding mutual commit- rights. It is the duty to be kind and con- more just society, by seeing all human
ment. Particularly at times of challenge siderate to others that begets the rights beings as created in His image.
and suffering, G-d would remember His of one and all.
commitment to and covenant with His The covenantal relationship at the heart
people. Immediately prior to the Exodus, Why does the Torah focus on responsibil- of Jewish society is thus based on mutual
G-d responds to Moshe’s plea regarding ities as opposed to rights? responsibility to one another and the
Bnei Yisrael’s suffering and says that He First, it seems that a major shortcoming of good of society as a whole. The idea of the
will surely redeem them, as He remem- focusing primarily on rights is that it is not covenantal relationship in Judaism is so
bers the covenant that He made with their clear exactly who is responsible to provide positively transformative that it is seen
forefathers. So too, later on at the end of them. For example, if I have the right to as the very ideal that the nations of the
the horrific curses in Sefer Vayikra, G-d says food and sustenance, should I be solely world will wish to emulate in aiming to
that He will remember the covenant made responsible for providing it? Perhaps build a better society. In the famous words
with all three of the forefathers and will others should also be responsible – my of Yishayahu the prophet, a Jewish society
not forsake His people despite anything family, community, government, or soci- will be a source of light to the nations:
they have done. At the foot of Har Sinai, ety at large? This can lead to dependency “I, the L-rd, have called you to display
an additional covenant is made for the and a sense of privilege and entitlement; My righteousness, and I will take you by
Jewish people to be a kingdom of priests after all, if I have a right to something the hand and guard you, and I will make
and a holy nation (Shemot 19). you [the Jewish people] an exemplar of a
without being responsible to provide it covenantal nation, a light to the nations”
With the giving of the Ten Command- for myself, then I am entitled to receive it (Yishayahu 42:6).
ments and the Torah at Sinai, the Jewish from someone else.
people say the eternal words of “na’aseh It is this eternal bond of the Jewish people
v’nishmah,” “We will do and we will listen,” Second, there is another essential differ- among each other, with all generations
committing themselves as a people to the ence between human law and divinely both before and after, and with their G-d
values of the Torah (Shemot 24:7). Before mandated law. Rabbeinu Nissim explains that ought to animate the ongoing project
entry into the Land, as the entire new that the primary focus of civil law is to of Jewish statehood.
generation stands together, Moshe enacts create a functional and organized society,
another covenant, this time explicitly whereas the main focus of civil law from a
binding all Jews for all generations as part Torah point of view is of a spiritual nature
of the eternal spiritual entity of Knesset – to create a more G-dly society (Derashot
Yisrael (Devarim 29). HaRan, 11).
Rabbi Shlomo Zalman Pines, a student of
Rights versus responsibilities Rav Kook, explains this further. He argues
that societies rooted in human civil law
At the very core of all covenantal can ultimately create an orderly society,
relationships is the primary value of by preventing people from hurting one
responsibilities. another and damaging each other’s prop-
Commitment and responsibility to erty. The aim of mishpat (Jewish law), Rabbi Doron Perez
others is the very heart of a Torah-based though, is to transform human beings is the Executive Chairman
civil society, as opposed to the Western spiritually and morally – to help people of World Mizrachi.
ideal of protecting personal security and be more selfless and less selfish and to

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